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Regulatory issues and voluntary norms adoption in the US and European Electric Utility sector Diana Mangalagiu Reims Management School, France & Institute for Scientific Interchange, Italy [email protected], [email protected]

Outline 1.

Energy issues: the big picture

2.

Climate change issue

3.

Electricity

4.

Energy policy: private and public role

5.

Deregulation of the Electric Utility sector (EU vs. US)

6.

Electric utility sector overview

7.

EU and US response to CO2 emissions

8.

Voluntary (self-regulation) vs. mandatory approach

9.

Conclusions

Energy issues: the big picture

A few figures 2006 - 2030: cumulative investment in energy-supply infrastructure: $22 trillion (in 2006 $) - The electricity sector requires $11.6 trillion (half for transmission and distribution networks + half for power stations - The oil sector requires $5.4 trillion - The gas sector requires $4.2 trillion - The coal sector: $600 billion - The bio-fuel: $188 billion - OECD: ~$8 trillion - China: $3.7 trillion (mostly electricity) - India: $1.2 trillion (mostly electricity) - Middle East: $1.9 trillion (mostly oil and gas)

Source: World Energy Outlook 2007

Source: World Energy Outlook 2007

Source: World Energy Outlook 2007

Fuel shares of total energy supply

Source: World Energy Outlook 2007

Top 10 Global 500 in 2006 (Fortune 500)

The climate change issues

World CO2 emissions

Annual European Community Greenhouse Gas Inventory 1990-2004; Inventory Report 2006, UNFCCC Secretariat.

Change in CO2 emissions in OECD countries (1991-2003)

Variation in carbon intensity among countries - World average: 540 gCo2/kWh - EU: 349 gCo2/kWh - North America: 476 gCo2/kWh - China: 1007 gCo2/kWh - Former USSR: 1653 gCo2/kWh

United Nations Conference on Trade and Development (UNCTAD), 2005

Some comforting thoughts…

Some comforting thoughts…

Slide 0

April 3, 2006

Dealing with the energy and climate challenges

Electricity sector

Electricity consumption per capita

Evolution from 1973 to 2004 of World Electricity Generation by Fuel (TWh)

Renewables in electricity

Source: IEA

Development of the Electricity Generation Worldwide ƒ Today one quarter of the world population does not have access to electricity. ƒ The demand for electricity will increase more rapidly. ƒ It is expected that the worldwide electricity consumption will double from currently 16100 billion kWh to a total of 31 600 billion kWh by the year 2030. ƒ About one fifth of the electricity generated worldwide is consumed in the EU (EU-25: 3 180 billion kWh). ƒ In 2030 still 70 % of the electricity generated worldwide will be based on fossil fuels. ƒ EU-25 that 60% of the electricity generated will be based on fossil fuels.

Changes in OECD generation capacity

Source: IEA

Electricity consumption

Electricity generation

The dependence on imported coal will increase in Europe from currently 30 % to 66 % in 2030. The dependence on natural gas will rise to 81% and for crude oil this figure will increase to even 88 %. The total share of imported energies will increase from currently 50 % to some 70 % by the year 2030.

Intended New Power Plant Projects in EU-25

But …

Source: European Environment Agency EEA, 2006

Electricity generation from renewables

Sources of Electricity in US (2006)

In 2006, the total generation of electricity in US was around 4.1 trillion kWh.

Energy policy: private and public role

Energy Uncertainties „

Rate of climate change …

„

„

Possibility of abrupt climate change

Policy uncertainty …

EU, US federal policy, BRIC policies

…

Post-Kyoto international policy

Cost uncertainty …

R&D successes „

…

Cellulosic ethanol, batteries, carbon sequestration, fusion

Learning curve for energy technologies „

Wind, solar PV, biofuels

Key changes affecting the energy sector ƒ Privatization ƒ Maturity of clean technologies ƒ Global and social environmental agenda ƒ Increasing concern about security of supply ƒ New policy framework being put in place ƒ Development of regional and global energy markets ƒ Incentives to renewables ƒ Public-private partnerships ƒ Declining costs and risks ƒ Improved profitability

Energy RDD&D: Key role of the private-public partnership Public Sector

Research

Development

Demonstration

Private Sector

Deployment

Energy-Related Market Failures „

„

„

„

Externalities …

Local and regional: SOx, NOx, mercury

…

Global: Greenhouse gases

Public goods …

R&D

…

Transportation infrastructure

Market power …

OPEC

…

Electric power markets

Missing information …

Consumer knowledge of energy efficiency

Energy-Related Government Failures „

(Rational) ignorance on the part of voters …

„

„

Science of climate change

Special Interest Politics …

Tax breaks and subsidies

…

Underfunding of energy R&D

…

Automobile GHG Policy: Big Oil v. Detroit

International Policy Coordination …

Kyoto, other agreements

Deregulation of the Electric Utility sector (EU vs. US)

A SINGLE ELECTRICITY MARKET IN EUROPE – or 27?

Multiple agendas 1. Lisbon (2000): To become the most competitive and dynamic knowledge-based economy in the world by 2010 2. Gothenburg (2001): EU Strategy on Sustainable Development 3. Kyoto (1997-2002): EU-15 to reduce by 8% GHG emissions in 20082012 compared to 1990 levels 4. Johannesburg (2002): Boost energy efficiency, foster the use of renewables and diversify energy supply Are these objectives consistent or contradicting each other?

Europe sleeps ƒ Market concentration – national incumbents remain dominant. ƒ Vertical integration – insufficient “unbundling” (i.e. separation) of competitive and monopoly businesses. ƒ Lack of transparency – creates market uncertainty and deters investment. ƒ Network issues – lack of access to and capacity on the pipes and wires. ƒ Varied and weak national regulators – including increased political interference.

Brussels awakes ƒ Legislative program designed to ensure that Europe's market would be completely open by the commission's deadline of July 2007. ƒ Since 1999 big companies have been able to choose among rival power suppliers and in July 2004 all business users won that right, at least on paper. Why? 1. Under renewed pressure due to pricing and security of supply – concerted UK lobby. 2. ‘Blackouts’ places a focus on networks – Sweden, Italy, UK in 2003 and 2007 in Germany. 3. Unease over E.ON/Ruhrgas ruling … with more ‘difficult’ M&A cases due. 4. Unease over windfall gain from National Allocation of environmental certificates. 5. Global context – pressures on security of supply and new dynamic of East European states exaggerates this.

Main features of the EU Directive Competition in generation ƒ free market entry with authorization process ƒ competitive tendering

Retail competition ƒ negotiated third party access ƒ single buyer model (based on published non-discriminatory tariff but eligible customers can contract directly) ƒ eligible customers with annual consumption > 100 GWh

Dispute resolution procedures

Electricity rates in Europe

US: Energy policy: DOE „

Main focus of DOE was (is) nuclear weapons

„

Energy companies take care of energy in US

„

DOE policy failure with the nuclear waste issues

„

DOE developed an extremely bad public reputation among many stakeholders (many law suits)

Source: Communications and Stakeholder Participation, DOE, June 2003

The era of cheap purchased electricity is over Average Inflation-Adjusted US Electricity Price (2006 $) 12,0 11,0

c/kWh

10,0 2009 projection

9,0 8,0 7,0 6,0

1970

1980

1990

2000

But higher prices have not led to a higher level of service

US energy use, 1635-2000 (Quadrillion Btu)

US energy supply & demand

US Electricity „

Supply: regional markets, no storage

„

Demand: increasing

„

Current status: undergoing deregulation, serious regional problems

„

Longer term: inadequate transmission system, siting problems, no R&D $, huge potential for innovations

17 SC

3 SC

1 SC

State disparities in price

Deregulation Status (0-100% scale)

9 to 66 (23) 2 to 9 (3) 0 to 2 (24)

Vertical Dis-Integration

Evolution of US energy policy (1) „

PUCHA (1935) …

Broke up holding companies

…

Empowered state control of vertically integrated utilities

„

State regulation of generation & distribution; Federal regulation of transmission

„

PURPA (1978)

„

…

Created QFs (renewable and cogenerators)

…

Demonstrated viability of wholesale competition

Energy Policy Act (1992) …

Created “Exempt (from PUCHA) Wholesale Generators”

…

Transmission “wheeling” for retail distribution

Evolution of US energy policy (2) „

Spring 2001 Bush/Cheney energy plan (supply-oriented)

„

Fall 2001: House passes Bush plan

„

Today: Senate debates energy policy

International Initiatives Kyoto Protocol (February 2005) ƒ

International Emission Trading

ƒ

Clean Development Mechanism

ƒ

Joint Implementation

Other initiatives: ƒ

Asia-Pacific Partnership on Clean Development and Climate (voluntary emissions limits: US, China, India, Australia, Japan, South Korea, July 2005)

ƒ

World Forum on Energy Regulation

ƒ

The Johannesburg Renewable Energy Coalition

US: ƒ

Pioneered the first emissions trading scheme to manage pollutants

ƒ

No compulsory emissions reduction

ƒ

Chicago Climate Exchange (CCX): small but growing emissions trading market; voluntary commitments (Ford, IBM, American Electric Power, …)

Electric utility sector

The eight European brothers Company E.on

Turnover (billion) 67.759

No. of customers (million) 40

Generation capacity (MW in 2005) 53,508

Renewable generation capacity MW (%) (2005) 6,208 (11.6%)

EDF

63.434

38.2

130,776

24,547 (18.8%)

Suez

63.18

200

60

5,381 (18.5%)

Enel Endesa RWE

55.376 22.651 44.256

32 10.5 2

42,216 45,908 43,269

16,672 (34.7%) 8,162 (17.8%) 5,021 (11.6%)

ScottishPower 14.172 + 14.586 + Iberdrola Endesa 22.651

5.2

40

7,000 (17.5%)

10.5

45,908

8,162 (17.8%)

Vattenfall

4.9

32,448

11,560 (35%)

17.28

US electric utilities Company

Turnover 2005 (billion)

No. of customers Generation capacity Renewable generation (million) (MW in 2005) capacity MW (%) (2005)

Dominion Resources

18.041

~5

26,5

Duke EnergyŹ

18.944

4.5

37

Exelon

15.405

5.9

8

PG&E Corporation

14.528

5

10,634

16.7%

Southern Company

14.36

4.3

41

10.7%

American Power Con Edison

12.111

5

38

12

26

1,668

4.3

22

18%

Electric

First Energy FPL

12 10.522

Entergy

10.1

Xcel Energy

9.8

3.3

16

3%

0.951

0.36

2,6

5.7%

Austin Energy (community owned)

Comparison EU / US electric utilities ƒ Europe: electric and gas utilities sector aggregated, formed mainly by the former national champions, government-owned companies. ƒ US: sector fragmented, the Energy Information Administration of the Dept. of Energy (DOE) listing more than 3,000 utilities. ƒ Europe: corporate behavior is driven by regulation (EU-ETS carbon credits, mandatory disclosure and reporting) and incentives for the corporations going green (mainly through subsidies). ƒ US: electric utilities are localized, very state-specific and intoned to the state-level policy. ƒ Europe: cumulated revenue of top 10 is $505.9 billion and of top 20 is $619.7 billion. ƒ US: cumulated revenue of top US 10 is $139.2 billion and of top 20 is $230.4 billion. ƒ Europe: generation capacity of top 10 utilities in 2005 was 399.6 GW out of which 79.1 GW (19.8%) came from renewable sources. ƒ US: generation capacity of top 10 is ~165.5 GW representing ~16% of the existing generating capacity in 2005 (1,015.2 GW).

EDF • Dominant in France, strong in UK, significant in Germany and Italy, limited in E Europe • But failed to enter Nordic and Iberian markets and ventures outside Europe generally expensive failures • Can/should it try to retain its networks? • Can it strengthen its position in gas? • How far will privatisation go and what will its impact be?

How to control the companies in Europe? ƒ The Eight Brothers pose a democratic problem due to their size, resources and influence. New ways of democratic control should be explored ƒ The rights of workers and the trade unions to information and consultation must be increased ƒ Strengthened powers for European Works Councils are needed ƒ Improved stakeholder processes and serious Corporate Social Responsibility and Corporate Governance programmes are needed ƒ To prevent regulatory ‘capture’, regulatory bodies need to be democratised and given resources to allow for scrutiny of corporate strategies

EU and US response to CO2 emissions

Energy in EU ƒ Despite development in renewable energy, oil and gas will still provide about 60% of the worlds energy by 2020 ƒ Europe increasingly dependent: 90% of EU energy comes from import of oil & gas

EU Energy Policy: Green Paper on Secure, Competitive and Sustainable Energy for Europe „

March 2006, follows the White paper (1997)

„

Increase share of renewable energy sources from 6% to 12% of gross consumption by 2010

„

Aims at a wide-ranging public debate before tabling concrete proposals for action

„

Comply with Kyoto Protocol commitments

„

Six priority areas:

„

…

Develop a coherent EU external energy policy

…

Further market integration

…

Trigger technology development

…

Secure long-term energy supply

…

Create jobs and growth

…

Tackle climate change

Criticized by NGOs: …

Failure to make cutting energy waste and renewable energy sources a priority

…

Too focused on the liberalization of the electricity and gas markets and on nuclear power

Example: energy policy in Sweden „

Electricity production in Sweden is basically fossil-free: 50% comes from hydropower and 50% from nuclear power

„

Reduction of oil: from 70 % of the total energy supply in 1970 to 30 % today

„

Renewable energy sources: 28 % of the total energy supply in 2004 (biomass, wind). More than 62 % of district heating fuel today is biomass

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National program for energy efficiency and energy smart buildings

„

Carbon dioxide tax introduced in 1991

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Energy taxes on electricity and fuels. 2004: energy taxes of €6.8 billion (2.5% of GDP)

„

Green Certificates for Promoting Renewable Electricity

Example: energy policy in France „

1945: Policy designed to increase energy independence: 78% of the electricity generated in France is nuclear: "no oil, no gas, no coal, no choice"

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1997: Signature of Kyoto protocol

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2003: National energy debate

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2004: Climate Plan (meeting Kyoto targets)

„

2005: Quantified targets (by law): …

Cutting CO2 emissions by 75% by 2050

…

Production of 10% of energy requirement from renewable sources

…

An increase of 50% in the production of electricity from renewable sources by 2010

…

Incentive/fiscal measures: payment of half the cost of solar energy panels for household; financial incentives for the purchase of clean vehicles (electrical, hybrid, gas)

The European Emission Trading System The EU Emissions Trading System, which came into effect from January 2005, is a “cap and trade” scheme aimed at allowing the EU to meet its Kyoto commitments. The EU allocates emission allowances to each EU country under a mechanism called the National Allocation Plan or NAP. In turn, each EU government issues allowances to companies – i.e. permits measured in terms of the right to produce one ton of carbon dioxide. If a company emits more than its allowance, it has to buy permits to balance this excess while a company with lower emissions than its allowance can sell them in the open market. The burden-sharing agreement distributes emission-reduction targets differently between member states. The most significant criteria are the relative ease of reduction, amount already achieved against 1990 levels by the time the ETS came into force and relative stage of economic development. The scheme covers about 13,000 plants in five sectors – including power generation, refineries, ferrous metals, pulp and paper and building materials. Traded volume was about €10 bn in 2005 and is expected to triple in 2006. The price per ton of carbon dioxide emission has been volatile. Prices rose sharply and tripled between January 2005, when the scheme was launched, and April 2006 before dropping by over 50% in the last week of April.

Energy policy in US

The Environment: Electricity’s share of air pollution in US Carbon Dioxide

Electricity 40.5 %

Mercury

Nitrogen Oxides

Electricity 25.0 %

Sulphur Dioxide

Electricity 32.8 % Electricity 67.3 %

Sectoral Trends: Air Pollutants in US 20

Emissions

16 SO2 (million tons) NOx (million tons) CO2 (billion tons)

12 8 4 0 1985

1990

1995 Year

2000

Capacity Additions in US: 1990 & 2000 Coal

3063

502 2300

Nuclear 0 429 730

Petroleum

349

Gas

22238

62 33 Hydroelectric 752 Other

0

500

1000 1500 2000 2500 3000 3500 4000 4500 5000 MW 2000 Additions

1990 Additions

In future: distributed generation „

Smaller, cleaner, some renewable: photovoltaics, wind, fuel cells, microturbines, reciprocating engines

„

Technological maturity: what’s commercially available?

„

Institutional barriers: interconnection, net metering, financing

Energy Lags in R&D Comparison in US Energy Primary Metals

Sector

Stone, Clay & Glass Products Industrial Chemicals Transportation Equipment Services Communications Equipment Prof. & Sci. Instruments Drugs & Medicine

0

2

4

6

8

R&D as % of Net Sales

10

12

Green Power Markets in the United States „

„

Green Power …

No legal definition.

…

Accepted definition: an electricity product with a high fraction of renewable energy content — most products are, in fact, 100% renewable energy.

Green Power Marketing …

„

Green Pricing …

„

The act of selling green power, generally used to describe competitive marketing (retail and wholesale).

Green power programs or tariffs offered by utilities.

Renewable Energy Certificates …

Separation of the renewable energy attributes from the physical electricity product.

Origins of Green Power Marketing „

Utility Green Pricing Programs …

„

Allow utility customers to voluntarily fund renewable energy projects that are not “cost effective” under integrated resource planning.

Electricity Restructuring Retail competition will bring alternative suppliers and product choices to electricity consumers. … Some marketers will want to differentiate their products based on environmental attributes. … More utilities will offer green pricing to prepare for competition or because of the threat of competition. …

Growth in Utility Green Pricing Programs Cumulative

30

120

New Programs 25

100

Cumulative

20

80

15

60

10

40

5

20

0

0 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 As of September 2002

Consumers’ awareness and willingness to pay

Consumers awareness, expectations and actions „

More than half of Americans claim they are willing to pay a premium for ‘‘green power’’

„

When given the opportunity, only 1% of them have chosen to do so among the 40 million that have access to a green market plan

„

Nov. 2006: California voters rejected proposition 87 on a low tax on oil production to fund alternative energy Source: Wiser et al (2001)

Consumers awareness, expectations and actions in Europe „

A survey of public attitudes to the environment across the enlarged EU of 25 countries, carried out in November 2004, showed that almost 90% of Europeans believe that environmental concerns should be taken into account in decision-making in fields such as employment and the economy.

„

90% of respondents believe that policy-makers should regard environmental issues as of equal importance to social and economic ones.

„

State of the environment (72%) influences the quality of life as much as social factors (72%) and economic factors are perceived as slightly more important (78%).

„

The four environmental problems people worry about most are water pollution, man-made disasters (oil spills, industrial accidents etc), climate change, and air pollution.

Total energy supply in IEA countries

Role of Europe

Growing support on climate change and renewable energy from investors Examples of initiatives: ƒ The Carbon Disclosure Project on behalf of the Coalition of 284 institutional investors with assets of $41 trillion under management, asked in February 2007 for disclosure of information concerning the risks and opportunities due to climate change to 2,400 of the largest quoted companies in the world by market capitalization. ƒ Insight Investment (II), launched in 2002 and a founding signatory of the UN Principles for Responsible Investment, is already one of the UK’s largest asset managers with $198 billion in assets under management (December 2006).

Corporate response to CO2 emissions

Companies active in GHG and climate change „

GE: “Green is green”; overall cut in CO2 by 2012 to 1% below their level in 2004

„

Pew Center on Global Climate Change: 42 members representing $2.4 trillion in market capitalization and over 3.3 million employees. …

DuPont, United Technologies, Whirlpool

…

Royal Dutch/Shell and BP

Electric utility industry’s proactive initiatives

Roadmap on Sustainable Development (adopted in December 2004)

Dow Jones Sustainability Index (DJSI)

Areas assessed

Conclusions Because of: …

Clear evidence for an increasing consumer and stakeholders demand for ethical and responsible behavior of companies

…

Strong stakeholder involvement in energy issues in Europe and elsewhere

…

Numerous policies at state level

…

Individual initiatives of energy firms

Paradoxically, energy companies could be a leading force in the way how US deal with the major energy issues. Even before: …

Public awareness increase

…

Governmental regulations on CO2 emission reductions

Conclusions „

Clear evidence for an increasing consumer and stakeholders demand for ethical and responsible behavior of corporations

„

Strong stakeholder involvement in energy issues in Europe and elsewhere